Rights of Stewards During "Weingarten" Interviews

Employers have the right to investigate the alleged misconduct off their employees, and employees have the obligation to cooperate during investigations of their alleged misconduct. The role of the Union, and the Union steward, is limited when management is conducting such an investigation. However, the Steward does have the right to "counsel and assist" employees during "Weingarten" interviews. The right to counsel and assist employees being investigated gives the steward the right to:

BEFORE THE INTERVIEW

  • Be informed, by the supervisor/manager conducting the interview, of the subject matter of the interview (i.e. The type of alleged misconduct for which discipline is being considered)
  • Take aside the employee being investigated for a pre-interview conference before questioning begins
  • Give the employee advice on how to answer the questions asked, but he/she cannot tell the employee not to answer questions or to lie. (The Steward should advise the employee to answer only the questions asked, and not to volunteer information that is not reasonably elicited by the questions asked.)

DURING THE INTERVIEW

  • Speak during the interview, but the Steward cannot question the employee being interviewed if the Employer does not want him/her to do so. The right of the employee to have Union representation during an investigatory interview does not give the Steward the right to make the interview an adversarial proceeding.
  • Request clarification of the questions asked so that the employee is better able to understand what information is being sought

AFTER THE INTERVIEW

  • Clarify the information provided by the employee in his/her answers to the Employer's questions
  • Provide additional facts, which were not elicited by the Employer's questions, that are favorable to the employee.